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Immigration Lawyer in Washington
Ferquently Asked Questions (FAQ)





What is the critical role of an asylum lawyer in my case?

Asylum lawyers play a pivotal role in immigration law, providing essential support to individuals seeking protection from persecution in their home countries. These specialized lawyers expertly navigate complex legal frameworks, advocate vigorously for their clients, and offer crucial guidance throughout the often intimidating asylum application process. They assess the eligibility criteria necessary for asylum, represent clients in immigration courts, assist with filing comprehensive asylum applications, and prepare clients for critical interviews. Furthermore, asylum lawyers provide strategic advice tailored to maximize the likelihood of securing a successful asylum outcome. Their expertise is indispensable for those facing challenging legal battles and seeking refuge and safety.


How can I obtain asylum in the U.S.?

Asylum can be obtained through one of three processes:

  1. The affirmative asylum process
  2. An Asylum Merits Interview after a positive credible fear determination.
  3. The defensive asylum process.

How to apply asylum in the U.S. step by step?

The asylum application process involves several steps. Generally, you need to:

  1. File a completed Form I-589, Application for Asylum and for Withholding of Removal, along with the required documents.
  2. Attend Biometric Appointments.
  3. Undergo an interview to determine eligibility and receive a decision.

When and where should I apply for asylum in the U.S.?

File your Form I-589 online or by mail through the U.S. Citizenship and Immigration Service (USCIS) if you are within the United States and not a U.S. citizen. Applications must be submitted within one year of your arrival in the United States.


What are the required documents for an asylum application?

A complete asylum application includes the Form I-589 and supporting documents relevant to your case. An experienced asylum lawyer can help you gather and prepare the necessary documentation.


What are the benefits of obtaining asylum in the U.S.?

Upon receiving asylum, you can apply for several benefits, including:

  • An Employment Authorization Document (EAD)
  • A Social Security Card
  • A Green Card (permanent residence)
  • Immigration benefits for your spouse and unmarried children under the age of 21

What is the difference between affirmative asylum and defensive asylum?

The affirmative asylum means that you are not in removal proceedings and the defensive asylum means that you are in removal proceedings. It means the US government has initiated the removal proceedings to determine whether the person can stay in the United States or should be removed


How do I file a defensive asylum?

If you're detained at a U.S. entry point or caught by U.S. Immigration and Customs Enforcement (ICE) for living in the U.S. without proper authorization, it's important to fill out and submit Form I-589, Application for Asylum and for Withholding of Removal. This form helps you apply for asylum. However, if you're already in a court process because the U.S. Citizenship and Immigration Services (USCIS) referred your case, you may or may not file a new asylum application. However, seeking guidance from an attorney in this situation is highly advisable.


What are the exceptions to the one-year deadline?

As an asylum seeker, you must apply for asylum within one year after the last entry into the United States. However, if you miss the deadline, you may still be eligible to apply for asylum under two exceptions:

  1. Exception 1: Changed Circumstances

The one-year filing deadline may be excused if the applicant’s circumstances have changed. They may include, but are not limited to:

  • Changes in conditions of the applicant’s home country
  • Changes in applicable U.S. law and activities the applicant becomes involved in outside the country of feared persecution that place the applicant at risk
  • The loss of the spousal or parent-child relationship to the principal applicant through marriage, divorce, death, or attainment of age 21
  1. Exception 2: Extraordinary Circumstances

There are many extraordinary circumstances that may excuse the filing delay. Those circumstances may include but are not limited to:

  • Serious illness or mental or physical disability
  • Legal disability
  • Ineffective assistance of counsel
  • Applicant had Temporary Protected Status until a reasonable period before the filing
  • Applicant had lawful immigrant or nonimmigrant status until a reasonable period before the filing
  • Applicant was given parole until a reasonable period before the filing
  • Applicant’s timely filed asylum application was rejected, returned for corrections, and refiled in a reasonable time period
  • The death or serious illness or incapacity of the applicant's legal representative or a member of the applicant's immediate family

How long does the affirmative asylum process take in the U.S.?

A decision should be made on your asylum application within 180 days after the date you filed your application unless there are exceptional circumstances.


What if I marry a U.S. Citizen while my asylum case is pending?

As an asylum seeker, you can get married and may qualify for a green card through marriage if you marry a U.S. citizen. However, you need to answer to USCIS officer questions on why you decided to marry a US citizen while your application was pending. You must also prove that your marriage to your US citizen was legitimate, valid, and done in good faith.


What happens if my asylum case is denied?

When applying for asylum, the U.S. government will determine whether your fears of returning to your previous country are valid. However, it can be challenging to prove that your fears are truthful, and you may not qualify for asylum for other reasons.

Following an interview with a U.S. Citizenship and Immigration Services (USCIS) officer that results in a denial, you will need to present your case in front of a judge in immigration court. In immigration court, the judge assigned to your case will look into it and determine whether you qualify for asylum. If this results in another denial, you can begin the appeals process.


Can I work while my asylum application is pending?

People with pending asylum applications or cases who have been waiting a long time without a decision are allowed to apply for employment authorization.


Who cannot apply for asylum?

You may not be eligible to apply for asylum if you:

  • Did not follow the one-year filing deadline
  • Had a previous asylum application denied by an Immigration Judge (IJ) or the Board of Immigration Appeals (BIA), or
  • Can be removed to a safe third country.

Are spouses and children of refugees and asylees allowed to seek asylum?

Yes, you can petition for the following family members:

  • Spouse
  • Child (unmarried and under 21 when you first applied for asylum or refugee status)

When can asylees apply for naturalization?

An asylees may apply for naturalization five years after their admission to lawful permanent residence. There are other requirements that must be met, including:

  • Be at least 18 years old when applying for naturalization
  • Be physically present in the United States for at least 30 months out of the 5 years before the date you file Form N-400
  • Have lived for at least 3 months in a state or USCIS district having jurisdiction over your place of residence
  • Be a person of good moral character
  • Be able to read, write, and speak basic English
  • Have some knowledge about the history and the principles and form of the U.S. government

What is the average wait time for asylum?

The average wait time for asylum depends on where you file and whether it goes through the affirmative, defensive, or expedited process. Hundreds of thousands of pending cases and a significant backlog add to the wait time. For most asylum seekers, the wait could be years (2 to 3 years on average).


Who can be the petitioner in a parole application?

Petitioner refers to the person who completes Form I-131, Application for Travel Document , on behalf of someone outside the United States seeking parole or re-parole. The term "self-petitioner" is used when an individual files Form I-131 for themselves.


Who is the beneficiary of a parole application?

The beneficiary is the individual residing outside the United States who is the recipient of the parole application. This term is essential in identifying who will benefit from the parole once it is granted.


Who is the financial supporter in a parole application?

A financial supporter is someone who commits to providing financial backing for the parole beneficiary. They must file Form I-134, Declaration of Financial Support, to show they have adequate resources to support the beneficiary during their stay in the U.S.


Who is a parolee?

A parolee is an individual who has been granted permission to enter the United States under parole. This status allows them to stay temporarily for urgent humanitarian reasons or significant public benefit.


What is the eligibility for humanitarian parole in the U.S.?

Anyone can apply for humanitarian parole either for themselves or on behalf of another individual. This is typically done by filing Form I-131, Application for Travel Document, regardless of whether the petitioner resides in the U.S. or has a familial relationship with the beneficiary.


How can I apply for humanitarian parole in the U.S.?

To apply for humanitarian parole, submit the following to USCIS:

Following submission, applicants will receive a notice for biometrics, an interview (if required), and the final decision.


What are the required documents for a humanitarian parole application?

Applicants must provide:

  • A valid government-issued ID showing the beneficiary's citizenship or residence.
  • For the petitioner: A valid photo ID and evidence of U.S. citizenship or immigration status.
  • For the financial supporter: Similar identification and proof of financial ability to support the beneficiary, including tax records, bank statements, or employment evidence.

How long does a humanitarian parole application process take?

The processing time for humanitarian parole varies significantly based on individual cases and the current workload at USCIS.


How long is the duration of humanitarian parole?

Humanitarian parole is typically granted for no more than one year.


How do I extend my humanitarian parole visa?

Extensions, or re-parole, can be requested by filing a new Form I-131 and supporting documents, explaining the need for additional time in the United States.


What is the eligibility for Temporary Protected Status (TPS)?

To be eligible for TPS, applicants must:

  • Be a national of a country designated for TPS.
  • Apply during the specified registration or re-registration period.
  • Have been continuously physically present in the U.S. since the most recent designation date.
  • Have continuously resided in the U.S. since the date specified upon designation.
  • Not have committed certain crimes or be inadmissible under specific immigration law sections.

How to apply for Temporary Protected Status (TPS) in the U.S.?

Applicants need to submit:


What is the application process for Temporary Protected Status (TPS)?

  • Submission: File Form I-821 along with necessary evidence and fees to the specified address.
  • Review: USCIS reviews the application for completeness and issues a receipt notice.
  • Biometrics: Applicants may need to attend a biometric services appointment for fingerprinting and photographs.
  • Adjudication: USCIS evaluates eligibility for work authorization before making a final decision on the TPS application.
  • Decision: USCIS issues an approval or denial notice. If approved, the applicant may receive an Employment Authorization Document (EAD).

Who cannot receive or apply for Temporary Protected Status (TPS) in the U.S.?

Applicants may be barred from receiving or maintaining TPS for the following reasons:

  • Criminal Record: Individuals who have committed crimes in the United States may be ineligible.
  • Immigration Admissibility: Those found inadmissible under INA section 212(a) cannot receive TPS.
  • Asylum Bars: Applicants subject to mandatory asylum bars will also be barred from TPS.
  • Residency Requirements: Failing to meet the continuous physical presence and residence requirements in the U.S. disqualifies applicants.
  • Registration Compliance: Failure to comply with TPS registration requirements or to re-register for TPS as mandated can result in loss of status.

What are the benefits of having Temporary Protected Status (TPS) in the U.S.?

Individuals with TPS:

  • Are not removable from the United States.
  • Can obtain an Employment Authorization Document (EAD).
  • May be granted travel authorization.
  • Are not detainable by DHS on the basis of their immigration status alone.

How long does the Temporary Protected Status (TPS) last?

TPS durations vary and can be initially granted for periods of 6 months, 1 year, or 18 months. When the designation period of TPS for a specific country nears its expiration, the U.S. Department of Homeland Security (DHS) reviews the country's conditions to decide whether to extend or terminate the protections. The government has the discretion to extend TPS for additional periods ranging from 6 to 18 months, based on updated country conditions and can extend these protections multiple times as deemed necessary.


How to maintain Temporary Protected Status (TPS)?

Once you are granted TPS, you must re-register during each re-registration period to maintain TPS.


What documents should I bring to the biometrics appointment?

  1. Evidence of nationality and identity with a photograph of you, such as a passport
  2. Your receipt notice
  3. Your ASC appointment notice
  4. Your current EAD, if you already have one

Can I get an employment authorization document while my TPS application is pending?

Yes, U.S. Citizenship and Immigration Services (USCIS) will review your case to determine whether you are eligible to work before making a final decision on your TPS application.


What happens if my application for TPS is approved or denied?

If your application is approved, USCIS will send you an approval notice. If your application is denied, USCIS will send you a letter indicating the reason for your denial.


What are the eligibility requirements for SIV?

Afghan nationals may qualify for an SIV if they:

  • Worked in Afghanistan for at least one year from October 7, 2001, to December 31, 2023, for the U.S. government or the International Security Assistance Force (ISAF).
  • Provided faithful and valuable service to the U.S. government or ISAF and have experienced or are experiencing serious threats due to their employment.
  • Apply for an SIV by December 31, 2024.

What are the types of SIV available to Afghan people?

There are two SIV programs available to those in Afghanistan.

  1. The SI visa category: These visas are specifically for translators or interpreters who have worked with U.S. military forces.
  2. The SQ visa category: These visas are available to any other Afghan nationals who were employed by or on behalf of the United States government in the region.

How to apply for an SIV application?

Applicants must send their documentation via email to AfghanSIVApplication@state.gov with their name and birth date in the subject line. The application process involves:

  • Emailing scanned required documents.
  • Completing an online visa application (Form DS-260).
  • Submitting additional civil documents and forms as required.
  • Attending an interview at a U.S. Embassy or Consulate if approved.

What are the required documents for an SIV application?

  • Human Resources (HR) Letter
  • Letter of Recommendation
  • Form DS-157
  • National Identity Card (Tazkera or passport)
  • A Badge Employee (if available)

How long does the SIV application process take?

The State Department aims to review SIV applications within nine months as mandated by a 2013 amendment. However, actual processing times can vary significantly, with some cases taking much longer.


May my family accompany me or join me in the United States?

Yes, your spouse, as well as your unmarried minor children under age 21, may accompany you to the United States or follow to join you in the United States. Any family members age 14 or over must also attend the visa interview.


What happens if the principal applicant dies after approval of the petition?

Spouses or children may, in some circumstances, still be eligible for a special immigrant visa if the COM application was submitted before the principal applicant’s death and the spouse and children were listed in that application as accompanying the principal applicant.


What documents should I bring to the visa interview?

Please bring your unexpired passport valid for six (6 months) beyond your intended date of travel and a photocopy of the biographic page, any military photo identification (if available), civilian identification badges, and originals of any civil documents, such as marriage certificates, IDs or death certificates, court and criminal records (if you have ever been convicted of a crime), including all documents that were submitted by email to the National Visa Center (NVC).


Will the U.S. government pay the cost of my travel to the interview or provide accommodations at the interview site?

No. When preparing for your visa interview, please plan for the possibility that you may need to stay for more than one day in the city where your interview takes place. You will not be able to complete your medical examination and interview on the same day. Some medical exams may require tests with delayed results.


Is there a visa application fee?

No. Under this particular program, there is no immigrant visa application fee. You are required to pay all costs associated with the medical examination.


Will I receive my visa on the same day as my interview?

No. Even if your SIV visa interview is successful, you will not receive your visa on the same day.


May an attorney or other representative accompany me to the visa interview?

An attorney or other accredited representative may represent you during the SIV application process, including at relevant interviews and examinations. Such representation is not to be the expense of the U.S. government.


Who is eligible for a Diversity Visa (DV) in the U.S.?

To qualify for the Diversity Visa program, applicants must:

  • Be a citizen of a country with low U.S. immigration rates
  • Possess at least a high school education or its equivalent, or have two years of qualifying work experience

How can I apply for the Diversity Visa (DV) in the U.S.?

Applicants must submit an entry electronically via the Electronic Diversity Visa (E-DV) website during the designated registration period. This is the first step in participating in the Diversity Visa lottery.


What is the process for submitting a Diversity Visa (DV) application?

  • Submit an entry on the Electronic Diversity Visa (E-DV) website.
  • If selected, complete and submit Form DS-260 for an interview appointment.
  • Confirm qualifications and pay the Diversity Visa fee.
  • Attend the DV interview where a consular officer will determine if your visa application is approved or denied.

What are the required documents for a Diversity Visa (DV) application?

Applicants and accompanying family members must provide the following documents:

  • Birth Certificates
  • Court and Prison Records (if applicable)
  • Military Records (if applicable)
  • Police Certificates
  • Photocopy of Valid Passport Biographic Data Page

Who is not qualified to apply for a Diversity Visa (DV)?

You are not qualified for a diversity visa, if you do not meet the qualifying high school education (or its equivalent) or a two years of qualifying work experience.


Where can I find the DS-260?

You can access the DS-260 from the Consular Electronic Application Center (CEAC) website, by going to Immigrant Visas.state.gov and clicking on “Submit Visa Application and Civil Documents,” or on the website of the U.S. embassy or consulate where you will apply.


Do I bring my DS-260 application with me to the interview?

You should not bring your application with you to your interview. The interviewing officer will have full access to review your application online.


What are the requirements for education or work experience?

A “high school education or equivalent” is defined as successful completion of a 12-year course of elementary and secondary education. Only formal courses of study meet this requirement; correspondence programs or equivalency certificates (such as the General Equivalency Diploma [G.E.D.]) are not acceptable. To find if your occupation may qualify you for a Diversity Visa, see the Department of Labor O*Net Online Database.


Is there a minimum age to apply for the DV program?

There is no minimum age to apply for the Diversity Visa program.


I am in the United States. Can I apply for the DV program?

Yes, you may enter the green card lottery from anywhere, including from within the U.S.


How long does it take to get a Diversity Visa (DV)?

The winners of the green card lottery are generally notified 7 months after applying. It can take up to 14 months to for the government to schedule your interview and issue your visa, depending on how soon you apply for your visa.


Can my spouse and I each submit separate entries?

Yes, each spouse may submit their own Diversity Visa entry. If one of the spouses is selected, then the other spouse will qualify for a green card as your dependent.


How much does it cost to enter the Green Card lottery?

There is no fee to enter the Diversity Visa lottery. However, if you’re selected and choose to apply for a Diversity Visa, you’ll need to pay the mandatory green card application fees.


What is the eligibility for a Family-Based Visa in the U.S.?

To qualify for a family visa, applicants must be sponsored by an immediate relative who is at least 21 years old and a U.S. citizen or a Lawful Permanent Resident.


How to apply for a Family-Based Visa in the U.S.?

U.S. citizens or Lawful Permanent Residents must start the process by filing Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). Following approval, complete the Form DS-260, Application for Immigrant Visa and Alien Registration, accessible through the Consular Electronic Application Center (CEAC).


What are the required documents for a Family-Based Visa Application?

Applicants need to prepare several documents, including:

  • Birth Certificates
  • Valid Passport
  • Marriage Certificates or Marriage Termination Documentation (if applicable)
  • Court and Prison Records (if applicable)
  • Adoption Documents (if applicable)
  • Military Records (if applicable)
  • Police Certificates (if applicable)
  • Affidavit of Support Documents
  • Petitioner Documents

Filing petitions for the Family-Based Visa from outside the United States.

Petitioners residing outside of the United States may file Form I-130, Petition for Alien Relative, online at USCIS or by mail to the USCIS Dallas Lockbox addresses. Petitioners can also request to file for their immediate relatives at a U.S. Embassy or Consulate in certain limited circumstances described by USCIS.


What is an affidavit of support?

An Affidavit of Support (Form I-864) is a document that must be filed by U.S. citizens and Lawful Permanent Residents who sponsor relatives as immigrants. If the sponsor’s income is insufficient, another person can serve as a joint sponsor. After the financial sponsor(s) completes the Affidavit of Support form, they should gather evidence of their finances and other supporting documents.


Who must attend the interview?

You, your spouse, and any qualified unmarried children immigrating with you must participate in the interview.Applicants under the age of 14 are not required to attend the interview. However, if an applicant has turned 14 before the interview, they must appear.


What are the required documents for the interview?

You must bring the following documents to the interview:

  • Appointment Letter
  • Passport
  • Photographs
  • DS-260 Confirmation Page
  • Supporting Documents

What should I do before traveling to the USA?

You must pay the USCIS Immigrant Fee to U.S. Citizenship and Immigration Services (USCIS) after you receive your immigrant visa and before you travel to the United States.


What Happens when You File a Petition for a Family-Based Immigrant Visa?

When you file a proper petition for a family-based immigrant visa, USCIS will review your petition to ensure you have the requisite status to file and that you have established a qualifying relationship with the beneficiary. If approved, USCIS will send you an approval notice that includes the priority date, the section of law for the beneficiary’s immigrant classification, and confirmation of the beneficiary’s intent to either consular process or adjust status. If there is an error or missing information on the approval notice, you should notify USCIS.


Can the Beneficiary Apply for an Immigrant Visa from Outside the U.S.?

Yes, a beneficiary of an approved petition can apply for an immigrant visa through the consular process with the Department of State (DOS) while outside the United States. In such cases, USCIS will forward the petition to the DOS’s National Visa Center (NVC).


How Can Beneficiaries Apply for Permanent Residency While in the U.S.?

Beneficiaries already in the United States can apply for permanent residency through the adjustment of status process. In these cases, USCIS retains the approved family-based immigrant visa petition for adjustment of status processing, depending on the beneficiary’s intent, location, and eligibility for adjustment of status.


Should You Inform USCIS About the Beneficiary’s Current Address?

Yes, as a petitioner, you must inform USCIS of the beneficiary’s current address and whether the beneficiary will consular process with DOS or adjust status in the United States. Providing accurate information allows USCIS to properly route the petition to DOS or retain the approved petition. Failure to provide accurate information can lead to delays in the immigrant visa or adjustment of status process.


What Happens if You Forget to Inform USCIS About the Beneficiary’s Intent to Consular Process or Adjust Status?

If you do not inform USCIS whether the beneficiary will adjust status or consular process, USCIS will decide whether to send the petition to the NVC or retain it for adjustment of status processing based on evidence of the beneficiary’s most recent location, including the address provided on the petition.


What Should You Do if Your Petition Needs to Be Sent to the NVC for Consular Processing?

If USCIS retains your petition based on inaccurate information for adjustment of status processing but your petition needs to be sent to the NVC for consular processing, you should file an Application for Action on Approved Application or Petition (Form I-824) with the required fee to transfer the petition.


How to apply for permanent residency or Green Card?

The application process for a Green Card varies based on individual circumstances but generally includes these steps:

  1. Filing an immigrant petition, typically by a sponsor.
  2. Once the petition is approved and a visa is available, applicants either file a Green Card application with the U.S. Citizenship and Immigration Services (USCIS) or a visa application with the U.S. Department of State.
  3. Attending a biometrics appointment to provide fingerprints, photos, and a signature.
  4. Participating in an interview.
  5. Receiving a decision on the Green Card application.

What is the "Adjustment of Status" process?

If you're applying for a Green Card and you're already in the United States, the process you'll go through is called "Adjustment of Status." This means you can apply to become a permanent resident without having to leave the U.S.


What is "Consular Processing"?

If you're outside the United States, the process you need to follow is called "consular processing." This involves applying for a Green Card through a U.S. consulate or embassy in your home country or where you currently live. Each process has its own steps and requirements depending on where you are when you apply.


What are the requirements for applying for permanent residency?

Residents may apply for U.S. citizenship after five years, or three years if married to a U.S. citizen.


How long a permanent resident can stay in the U.S. with a Green Card?

Permanent residents can stay indefinitely in the U.S., with Green Cards renewable every 10 years.


How long does it take to get a Green Card?

The duration to obtain a Green Card can vary significantly depending on the type and the applicant's location.


Can a Green Card holder travel abroad?

Permanent residents can travel outside the U.S. frequently, though trips exceeding a year may impact their residency status.


What is the eligibility for obtaining citizenship in the U.S.?

To be eligible for U.S. citizenship through naturalization, applicants must:

  • Be a Lawful Permanent Resident (LPR)
  • Be married to a U.S. citizen
  • Have served or be currently serving in the U.S. Military
  • Be a child of a U.S. citizen

What are the requirements to receive U.S. citizenship?

Applicants for U.S. citizenship must include the following with their N-400 application:

  • A photocopy of both sides of the Permanent Resident Card or a receipt of Form I-90 if the card is lost.
  • A check or money order covering the application fee and biometric services fee.
  • Two identical color photographs if residing outside the United States, with the name and Alien Registration Number written on the back.

How to apply for U.S. citizenship?

To apply for U.S. citizenship, submit Form N-400, Application for Naturalization, either:

  1. Online by creating a USCIS online account.
  2. By mail, after which USCIS will send instructions to create an online account to track your case.

What is the process of becoming a U.S. citizen?

The process of becoming a U.S. Citizen by naturalization application process generally involves the following steps:

  1. Submit your Form N-400 and pay your fees
  2. Go to your biometric appointments, if applicable
  3. Complete the interview
  4. Receive a decision from USCIS on your Form N-400
  5. Take the Oath of Allegiance to the United States

What are the benefits of being a U.S. citizen?

Becoming a U.S. citizen offers several advantages, including:

  • The right to vote.
  • The ability to bring family members to the United States.
  • Obtaining citizenship for children born abroad.
  • Traveling with a U.S. passport.
  • Eligibility for federal jobs and becoming an elected official.
  • Expressing patriotism.

Do I need a lawyer to apply for U.S. citizenship?

No. You can file USCIS forms yourself, including Form N-400, Application for Naturalization, which can be submitted online. However, some people choose to seek assistance from a lawyer or Executive Office for Immigration Review (EOIR)-accredited representative.


Will USCIS approve my Form N-400 naturalization application once I pass the naturalization test's reading, writing, and civics portions?

No. In addition to preparing for the reading, writing, and civics portion of the naturalization test, you will need to prepare for the speaking portion of the naturalization test and meet all other naturalization requirements.


Can I legally change my name while my naturalization application is pending?

Yes. You can legally change your name after filing your application for naturalization with U.S. Citizenship and Immigration Services (USCIS).


Do I need to bring original documents such as birth and marriage certificates to the naturalization interview?

Yes. You should bring certain original documents to your interview. In the instructions to Form N-400, Application for Naturalization, USCIS provides an extensive list of examples of original documents that you should bring to the interview, depending on different case scenarios.


When will I be retested if I fail a portion of the naturalization test?

Unless you are eligible for an exception to the English or civics requirements, you will be given two opportunities to meet the English and civics requirements. If you fail any portion of these requirements, you will be retested during a new interview on the portion of the test that you failed (English or civics) between 60 and 90 days from the date of your initial interview.


How many times can I apply for naturalization?

There is no limit to the number of times you can apply for naturalization, but you must pay the filing fee for each Form N-400 you submit to the agency.


Who can apply for an Employment Authorization Document (EAD)?

You will need to apply for an EAD if you:

  • Are authorized to work in the United States due to your immigration status (such as asylum seekers, certain visa holders).
  • Are required to apply for permission to work independently of your immigration status.

Permanent residents and certain nonimmigrant visa holders who have employment authorization incident to their status do not need to apply for an EAD.


What are the eligibility requirements for an Employment Authorization Document (EAD)?

There are three primary categories of eligibility for obtaining an EAD:

  1. Authorized to Work for Any Employer: Includes refugees, certain parolees, and other specific immigrant categories.
  2. Authorized to Work for a Specific Employer: Pertains to nonimmigrant visa categories that are tied to employment with a particular employer, such as H-1B visa holders.
  3. Required to Apply for Employment Authorization: Includes individuals whose immigration status does not inherently authorize work, necessitating an EAD to gain employment legally.

How to apply for an Employment Authorization Document (EAD)?

To apply for an EAD, applicants must submit Form I-765, Application for Employment Authorization, to USCIS. This form is used whether you are applying for permission to work for the first time, renewing an existing EAD, or requesting a replacement EAD.


How can I renew and replace my Employment Authorization Document (EAD)?

  • Renewal: Applicants should file for a renewal EAD by submitting a new Form I-765 and paying any applicable fee.
  • Replacement: If an EAD is lost, stolen, or contains errors, a new Form I-765 must be submitted along with the required fee and supporting documents.

How long does receiving an Employment Authorization Document (EAD) take?

The processing time for an employment card may vary depending on several factors, such as your eligibility category, the USCIS office handling your case, and the volume of applications received by USCIS.


How long is an Employment Authorization Document (EAD) valid?

The validity period of an EAD depends on the specific circumstances of the individual's status. USCIS may issue EADs with a validity period ranging from one year up to five years for certain categories under new policy guidelines.


Types of Travel Documents and Application Procedures

Use Form I-131, Application for Travel Document, for the following travel permit documents:

  1. Reentry Permits: Use Form I-131 for reentry into the U.S. after traveling abroad, essential for maintaining your residency status.
  2. Refugee Travel Documents: For those with refugee or asylum status needing to travel internationally.
  3. TPS Travel Authorization Documents: For Temporary Protected Status holders to travel and return to the U.S.
  4. Advance Parole Documents: Allows individuals with pending applications like Form I-485 or Form I-589 to return to the U.S. without a visa.
  5. CNMI Long-Term Resident Travel Documents: Specific for Commonwealth of the Northern Mariana Islands residents.

What is the application for carrier documentation with Form I-131A?

If you are a lawful permanent resident or conditional resident who lost, had stolen, or destroyed your travel documents, or if they were damaged while outside the U.S., Form I-131A facilitates your return without penalizing the carrier.


How can I expedite the process of my travel document in emergency situations?

In urgent cases, you can request expedited processing of travel documents by contacting U.S. Citizenship and Immigration Services (USCIS) at least 45 days before your intended departure. For emergencies requiring you to travel within 15 days, USCIS may issue an emergency travel document at a local field office.


What are the required documents to take a travel document?

  • Completed Form I-131, applicable filing fees, and proof of eligibility.
  • Evidence of critical need for travel and two passport-style photos.
  • All non-English documentation must include a full certified English translation.

What is an advance parole document?

Advance parole allows you to travel back to the United States without applying for a visa. An advance parole document does not replace your passport. Advance parole is most commonly used when someone has a pending:


What is a refugee travel document?

USCIS issues refugee travel documents to people with refugee or asylum status and to lawful permanent residents who obtained their Green Cards based on their refugee or asylee status. If you have a refugee or asylee status, or you are a derivative asylee or refugee, you must have a refugee travel document to return to the United States. If you do not obtain a refugee travel document before you leave the U.S., you may be unable to re-enter the United States, or you may be placed in removal proceedings before an immigration judge.


Do I need a re-entry permit if I am outside the United States for one year or more?

If you plan to be outside the United States for one year or more, a re-entry permit is necessary to re-enter the U.S. without needing a returning resident visa.


What is the travel document for Temporary Protected Status (TPS)?

A TPS travel authorization document is crucial for TPS beneficiaries planning to travel abroad and return to the U.S. It is important to note that this document does not guarantee re-entry, which is determined by CBP officers at the point of entry.


Who is eligible for VAWA self-petition?

Those who are eligible for VAWA self-petition include:

  1. Spouses: Victims of abuse by a U.S. citizen or LPR spouse, including parents of an abused child.
  2. Children: Those under 21 and unmarried who have been abused by a U.S. citizen or LPR parent. Eligibility extends to those under 25 if abuse delayed the filing.
  3. Parents: Parents abused by their U.S. citizen child who is at least 21 years old.

What is required for VAWA self-petition?

  • A qualifying relationship with the abuser (spouse, parent, or child of a U.S. citizen or LPR).
  • Evidence of having been subjected to battery or extreme cruelty.
  • Co-residence with the abusive U.S. citizen or LPR.
  • Good moral character.

How to apply for VAWA?

To apply for a VAWA self-petition, you should submit the following with U.S. Citizenship and Immigration Services (USCIS):


Who are derivative beneficiaries in VAWA application?

Children of self-petitioning spouses and parents may be included as derivative beneficiaries but do not confer benefits to other family members. Evidence of the relationship and the child's age and marital status at the time of filing is required.


What could be the supporting evidences for my VAWA claim?

  • Police, medical, or school reports detailing the abuse.
  • Court records, protection orders, and photographs of injuries.
  • Psychological evaluations and other credible evidence of abuse.

What are the Benefits of VAWA approval?

Approved VAWA applicants can:

  • Receive protection from deportation.
  • Work legally in the U.S.
  • Become eligible to apply for a Green Card, including derivative children.

How can I apply for a Green Card under VAWA?


Which agencies detain immigrants?

The primary agencies responsible for detaining immigrants are the offices of Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) under the U.S. Department of Homeland Security (DHS). While CBP typically detains migrants for short periods at processing centers, ICE handles longer-term detentions.


What happens during immigration detention?

Once detained, DHS processes individuals at facilities where they undergo interviews and assessments to determine custody. Factors influencing these decisions include criminal history, prior deportations, visa violations, community ties, and other relevant data. Detainees may be held locally or transferred across the country depending on facility availability and individual circumstances.


How can I be released from immigration detention?

There are several pathways to release from immigration detention, including:

  • Parole and Humanitarian Parole: Temporary release based on specific conditions.
  • Bond Proceedings: Detained noncitizens may be released on bond, set initially by DHS, with the possibility of adjustment by an immigration judge during a bond hearing.
  • Post-Order Custody Review and Writ of Habeas Corpus: Legal procedures that challenge the legality of detention or argue for release under specific grounds.

What is Release on Recognizance (ROR) in immigration cases?

"Release on recognizance" (ROR) allows a detainee to be released without financial bail, based on a signed agreement to appear at all court dates. Form I-220A, or the Order of Release on Recognizance, details the conditions set by immigration officials.


How long is duration of an immigration detention?

The length of time a person can be detained varies based on the type of detention, eligibility for immigration relief, and any existing immigration or criminal records in the U.S.


Who is eligible for a fiancée visa?

To qualify for a fiancé visa:

  • Petitioner must be a US Citizen.
  • Both parties plan to marry within 90 days of the foreign national fiancé’s entry into the United States.
  • Both parties must be legally free to marry.
  • Parties must have met in person at least once within two years prior to filing the fiancé petition.

How to file for a fiancée visa in the U.S.?

Begin by filing Form I-129F, Petition for Alien Fiancé(e), with the USCIS office that serves your area. This form recognizes your relationship and initiates the visa application process. If additional information or documents are needed, USCIS may request further evidence. Upon approval, USCIS forwards the petition to the DOS National Visa Center (NVC), and then to the U.S. Embassy or consulate in your fiancé(e)'s home country for a visa interview.


What documents are required for a fiancée visa application?

Applicants generally need to submit the following:

  • Proof of U.S. citizenship.
  • Sponsored fiancé(e)'s passport copy.
  • Documentation of any previous marriages.
  • Proof of meeting within the last two years.
  • Sworn statements from both partners about their intent to marry.
  • Sponsored fiancé(e)'s birth certificate, valid passport, and police clearances.
  • Sealed medical examination results.
  • Affidavit of Support (Form I-134), and recent tax returns of the U.S. citizen fiancé.

Fiancé Visa (K-1) Validity and Green Card Application.

The K-1 visa allows for a single entry and is valid for up to 6 months. After marrying within the specified 90 days, your now-spouse can apply for a Green Card by filing Form I-485. If the marriage is less than two years old at the time of approval, the Green Card will be conditional, valid for 2 years.


What documents should I bring to the Fiancé visa interview?

You, your fiancé(e), and your fiancé(e)’s eligible children applying for K-2 visas, will be required to bring the following forms and documents to the visa interview:

  • Completed Form DS-160
  • A valid passport
  • Birth certificate
  • Divorce or death certificate(s)
  • Police certificates
  • Medical examination
  • Evidence of financial support
  • Two (2) 2x2 photographs
  • Evidence of relationship
  • Payment of fees.

Documents in foreign languages, other than the language of the country in which the application takes place, should be translated.


What makes my fiancé ineligible for a visa?

Certain conditions and activities may make your fiancé(e) ineligible for a visa. Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents. If your fiancé(e) is ineligible for a visa, he or she will be informed by the Consular Officer and advised whether there is a waiver of the ineligibility and what the waiver process is.


What happens if I fail to marry my fiancé within 90 days?

The K-1 and K-2 nonimmigrant status automatically expires after 90 days and cannot be extended. If you fail to marry within 90 days, your fiancé(e) and his or her children must leave the United States at the end of the 90 days. However, if you marry your fiancé(e) after the 90-day period, you may file a Form I-130, Petition for Alien Relative.


Can I bring my fiancé’s children?

Children of your fiancé(e) are eligible on a K-2 nonimmigrant visa if they are under 21 and unmarried. You must include the names of your fiancé(e)’s children on the Form I-129F if you wish to bring them to the United States.


Can my fiancé apply for work authorization in the USA?

After your fiancé(e) was admitted on a K-1 nonimmigrant visa, your fiancé(e) may apply for work authorization by filing Form I-765, Application for Employment Authorization.


What is the difference between temporary visas and permanent visas?

  • Temporary visas are issued for a specific purpose and duration. They allow foreign nationals to stay in the United States for a limited period.
  • Permanent visas, commonly referred to as Green Cards, grant foreign nationals the right to live and work in the United States indefinitely.

Tourism & Business Visas (B-1/B-2):

The B-1 and B-2 visas are non-immigrant visas for individuals seeking to enter the United States temporarily for business (B-1) or for tourism, pleasure, or visiting (B-2). Often, the two visas are combined and issued as a B-1/B-2 visa, allowing the holder to engage in both business and tourism activities during their stay.


Temporary Worker Visas

Temporary worker visas allow foreign nationals to work in the United States for a specific period and under certain conditions. These visas cater to various types of employment, including specialized occupations, seasonal work, agricultural work, and intra-company transfers.


Exchange Visitor Visas (J)

The J-1 visa is a non-immigrant visa for individuals approved to participate in work-and-study-based exchange visitor programs. These programs are designed to promote cultural exchange and allow participants to gain experience in the United States before returning to their home countries. The J-1 visa covers a wide range of categories, each with specific purposes and requirements.


Student Visas (F and M)

Student visas (F and M) are non-immigrant visas issued to individuals who wish to pursue academic or vocational studies in the United States. These visas allow foreign nationals to study at accredited institutions in the U.S. and engage in certain types of practical training.


What are other types of nonimmigrant or temporary visas?

A Visa: For Diplomat or foreign government official

BCC Visa: For Border Crossing Card - Mexico

C Visa: For Transiting the United States

D Visa: For Crewmember

E Visa: For Treaty trader/treaty investor

E-3 Visa: For Australian professional specialty

CW-1 Visa: For CNMI-only transitional worker

G1-G5, NATO Visa: For Employee of a designated international organization or NATO

A-2, NATO1-6 Visa: For Foreign military personnel stationed in the United States

I Visa: For Media, journalist

TN/TD Visa: For NAFTA professional worker - Mexico, Canada

R Visa: For Religious worker

T Visa: For Victim of Human Trafficking

U Visa: For Victim of Criminal Activity

V Visa: For Spouse and Children of a Lawful Permanent Resident (LPR)


What is the application process for temporary visas?

Step 1: Complete the onlineDS-160form and print the confirmation page.

Step 2: Pay the visa application fee and schedule an interview at a U.S. Embassy or Consulate.

Step 3: Attend the visa interview with all required documentation and additional proofs if necessary.


Duration and extension of temporary visas.

Temporary visas are granted for periods ranging from a few weeks to several years, depending on the visa type. Extensions may be possible through Form I-539 under specific conditions unless restricted by visa type (e.g., Visa Waiver Program participants).


Which authorities exercise prosecutorial discretion?

The authority to exercise prosecutorial discretion lies with officers from ICE, the U.S. Citizenship and Immigration Services (USCIS), and Customs and Border Protection (CBP). Decisions are initially made by field officers and can be escalated to higher levels within DHS.


What is the function of ICE in prosecutorial discretion?

ICE focuses on enforcement and removal operations targeting individuals deemed threats to national security, border control violators, and those involved in criminal activities like document fraud or money laundering.


The exercise of prosecutorial discretion impacts legal outcomes significantly, affecting decisions like:

  • Plea bargaining
  • Charging, and
  • Dropping of charges

What kinds of factors influence prosecutorial discretion decisions?

Various factors, including age, length of stay in the U.S., cooperation with law enforcement, and eligibility for immigration relief, are considered in prosecutorial discretion determinations.


What kinds of factors are against getting prosecutorial discretion in immigration court?

Past criminal records, threats to public safety, and immigration violations can negatively impact the chances of receiving prosecutorial discretion in immigration court.


What are supporting documents for prosecutorial discretion cases?

When seeking favorable prosecutorial discretion, supporting documents can be crucial. These may include:

  • Birth certificates
  • Affidavits of good moral character
  • Litters of support from community members, and
  • Evidence of community service.

What should I do if I am in prosecutorial discretion proceedings?

If you believe prosecutorial discretion may affect your case, it's advisable to consult with an immigration lawyer. They can help assess your situation, guide you through the process, and ensure your rights are protected.

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